House committee substitute to the 1st edition makes the following changes.
Further amends GS 90-87 to modify the definition of marijuana under the Controlled Substances Act, Article 5, GS Chapter 90, now explicitly including smokable hemp in the defined term. Defines smokable hemp to mean harvested raw or dried hemp plant material, in a form intended to allow THC to be introduced into the human body by inhalation of smoke, including hemp buds or hemp flowers, hemp cigars, and hemp cigarettes; excludes hemp extracts. Now explicitly excludes from the term marijuana hemp held by a licensed hemp cultivator or handler, hemp products, or hemp extract (previously, excluded industrial hemp when produced and used in compliance with the rules of the Industrial Hemp Commission). Permits a licensed cultivator or licensed handler to possess raw hemp plant material for the purpose of selling the raw hemp plant material to a licensed handler or a person who may legally receive the raw hemp plant material in that person's jurisdiction, or processing the raw hemp plant material into a hemp product or hemp extract. Additionally, defines hemp and hemp extract. Defines hemp product to mean any product within a specified concentration of THC derived from or made by processing hemp plants or parts, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption as federally approved, cloth cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol; excludes smokable hemp.
Amends GS 90-94 to exclude from schedule VI controlled substances tetrahydrocannabinols in hemp product and hemp extracts.
Maintains the act's effective date, making the changes applicable to offenses committed on or after December 1, 2019.
Bill S 352 (2019-2020)Summary date: Jul 17 2019 - More information
Bill S 352 (2019-2020)Summary date: Mar 25 2019 - More information
Makes the following changes to the Controlled Substances Act, Article 5, GS Chapter 90.
Amends GS 90-87 to define isomer to mean the optical isomer, unless otherwise specified (was any type of isomer, including structural, geometric, or optical isomers, and stereoisomers). Modifies narcotic drug to specify that the term includes cocaine and any isomer whether optical or geometric.
Amends GS 90-89, modifying and adding to the Schedule I controlled substances. Adds to the Schedule I opiates Isopropyl-U-47700, U-51754, and U-48800, as specified. Also specifies that the isomers of levophenacyclmorphan, included as a Schedule I opiate, includes optical and geometric isomers. Qualifies the fentanyl derivatives included in the Schedule to include any compound as previously described unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the US FDA. Provides that the opium derivatives included in the Schedule include the derivatives' optical, positional, or geometric isomer. Provides that the hallucinogenic substances included in the Schedule include the substances' optical, positional, or geometric isomers. Adds substituted tryptamines and substituted phenylcyclohexylamines, as defined, to the hallucinogenic substances included in the Schedule. Adds designer benzodiazepines, as defined, to the systemic depressants included in the Schedule. Specifies that the isomers of mephedrone, MDPV, and substituted cathinones, all included as a Schedule I stimulant, include optical, positional, or geometric isomers. Specifies that the isomers of NBOMe compounds, a Schedule I controlled substance, include optical, positional, or geometric isomers. Adds substituted phenethylamines and N-Benzyl Phenethylamines, as defined, to Schedule I controlled substances.
Amends GS 90-90(1), concerning Schedule II controlled substances, specifying that cocaine includes any isomer chemically equivalent or identical whether optical or geometric.
Amends GS 90-91(j), concerning Schedule III controlled substances, specifying that the identified Schedule III substances include any isomer of the substance, whether optical, positional or geometric.
Amends GS 90-92, concerning Schedule IV controlled substances, to include desalkylflurazepam and diclazepam to the Schedule IV depressants. Specifies that the isomers of fenfluramine include optical, positional, or geometric isomers.
Amends GS 90-95(h)(3), to include the distinction of optical or geometric isomers of cocaine in the felony offense of trafficking cocaine.
Applies to offenses committed on or after December 1, 2019.
© 2022 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.